INCOME TAX ACT, 1961

Section 143(3) Section 153A

Assessment - Principle of natural justice - Assessee despite providing several opporturnity did not furnish required details either before AO or CIT(A) -

Assessee did not appear on 15 occasions when Mr. PK (Promotor) was out of the jail. With respect to the ground of appeal in detail about the non-availability of the opportunity before the CIT(A), before the AO it was apparent that according to the version of the assessee, director of the company was in judicial custody from 18-7-2012 to 15-10-2012. In the present case the assessment proceedings started from 22-10-2013 and ended on 18-3-2013 (as mentioned in column number 8 of the assessment order about the date of hearings). Held: It was apparent that assessment proceeding were after release of the directors from the judicial custody. Therefore, this explanation does not serve any purpose for non-submission of details or for appearing before the AO. Absence of the staff could not be a valid reason for a company who had such a large operations as claimed by the assessee. Further, with respect to mental agony/depression of the directors no evidences were produced. No evidences were produced that there were large number of cases involved on the group. In view of above facts Tribunal does not find any reason to upset the orders of the lower authorities and in fact the assessee had sufficient opportunity to furnish the evidence but assessee had deliberately not submitted the same. In view of this argument advanced by the assessee in the grounds of appeal and the activities of the assessee clearly shows that there was no violation of principles of natural justice of the lower authorities. In fact it was assessee who was trying to seal itself for the misdeed conducted by it.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2006-07 to 2008-09, 2010-11 to 2011-12

INCOME TAX ACT, 1961

Section 32 Section 153A

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